Guwahati Court August 1986 Judgments
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Keshab Choudhury Vs. State of Assam
Court: Guwahati
Decided on: Aug-22-1986
K.N. Saikia, J.1. As these two appeals are from the same judgment they are heard and disposed of analogously.2. On an ejahar dated 21-9-1975 lodged by Kunjabala (P.W. 2) at the Tihu outpost of Parawa Police Station, stating that the accused-appellant, Keshab Choudhury, hereinafter referred to as 'the appellant', killed Karuna striking with a spade, police investigated and charge-sheeted the appellant who was charged under Section 302,I.P.C.3. Dr. Umesh Chandra Barua, the then S.D.M. & H.O. at Nalbari performing autopsy on Karuna's cadaver on 21-9-75 found the following injuries:(1) One lacerated wound on the scalp over the left temporal region - 3' X 1' X skull deep.On dissection he found - At the site of the above injury the temporal bone was fractured. Membrane was lacerated with haemorrhage. Brain was lacerated with haemorrhage in the temporal region.4. At the trial, while the prosecution examined 7 witnesses, including the Doctor and the Investigating Officer, the defence ex...
United India Fire and General Insurance Company Ltd. Vs. Kalsum Begum ...
Court: Guwahati
Decided on: Aug-19-1986
Saikia, J.1. This insurer's miscellaneous first appeal is from the judgment and award of the Motor Accidents Claims Tribunal, Kamrup, Gauhati, awarding compensation of Rs. 50,000 to the claimant-respondent with simple interest at 6% per annum from the date of petition till realisation payable by the appellant-insurer.2. When the claimant-respondent's husband, Safat Ali, was standing at the southern side of the Ghograpar-Dhamdhama P.W.D. road at Khatikuchi Chowk with a few others on February 2, 1969, the truck No. ASZ 2554 owned by the respondent-opposite party, Sarat Chandra Deka, coming from Nilpur side at a very high speed while negotiating the turning at Khatikushi Chowk went off the road and knocked Safat Ali down causing severe injuries as a result of which he died on the way to the Medical College Hospital the same afternoon. The vehicle after knocking Safat Ali down knocked and damaged a pan shop on the southern side of the road and also injured some other persons.3. To the cl...
Kalyani Bhatacharjee Vs. Achinta Narayan Choudhury
Court: Guwahati
Decided on: Aug-04-1986
K. Lahiri, Actg. C.J.1. This is a reference made by learned Sessions Judge, Karimganj purported to be under Section 395(2) of the Criminal P. C. for our decision as to whether the Executive Magistrates empowered under the Code of Criminal Procedure (Assam Amendment Act, 1983) were legally competent to release an accused person on bail. It should have been the precise question but learned Judge has asked a larger question which has no nexus with the facts and circumstances of the case.2. The question; is 'whether under the provisions of the Code of Criminal Procedure (Assam Amendment) Act, 1983 (Assam Act No. III of 1984), the Executive Magistrates can legally exercise the powers of remand, etc. in respect of any case involving offences which they are not empowered to take cognizance of and try and dispose'? The issue is now a mere academic question.3. Under Section 395(1) of 'the Code' the obligation of the High Court is to resolve a 'live question' and not a dead issue. In the instan...
Subodh Tewari and anr. Vs. State of Assam
Court: Guwahati
Decided on: Aug-01-1986
K. Lahiri, J.1. This is an appeal against the conviction of the accused under Section 302 read with Section 34, Indian Penal Code and sentencing each of them to suffer rigorous imprisonment for life by the Sessions Judge, Cachar and Karimganj at Silchar.2. The prosecution case is that on 4-2-82 in the morning the deceased Basudeo Verma and his brother P.W. 3, Guru Prasad Sonar went to their Sugar Cane cultivation and worked up to 2.30/3.00 p.m. The deceased had a cycle but P.W. 3, Guru travelled a foot. Work over the deceased commenced his homeward journey on bicycle and P.W. 3, Guru Prasad started walking. The witness fell back. On hearing an out-cry, he hastened his strides and saw Subodh Tewari and Arun Balmiki, appellants 1 and 2 respectively assaulting his brother. The witness tried to break in but Arun chased him with a dao. He ran for his life, took refuge on a hillock and noticed the appellants and others going away from the place of occurrence. He lodged an ejahar. The polic...
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